General Terms and Conditions 

1. General:
All deliveries and services are made exclusively to our general terms and conditions of sale and delivery, even if the customer expressly stipulates otherwise and we are silent on these conditions. Our terms of sale and delivery also apply to all future business relationships, even if they are not expressly agreed again. By placing the order, but at the latest with the receipt of the goods or services, our General Terms and Conditions of Sale and Delivery shall be deemed to have been accepted by the purchaser. General terms and conditions, in particular conditions of purchase of the purchaser, is contradicted. They are only binding for us if we have expressly agreed to them in writing. 

2. Offer and order:
Offers by us are calls for donations
Contract offers (orders) and until confirmation by us without engagement and without obligation. Intermediate sales are reserved, as long as we have not given the object in writing. The information contained in our pamphlets and offers, such as measurements, weights and room information, illustrations, properties, type designations, years of construction and descriptions are only binding if this has been expressly agreed in writing. All orders require our written or telex confirmation in order to be valid. The same applies to telegraphic, telephone or oral supplements, amendments or side agreements. The scope of supply and services includes only those items; which are expressly listed in our order confirmation. A cancellation of orders after their receipt by us is excluded, or justifies a claim for damages of 20% of the agreed price to the customer. Claims for damages arising from the non-acceptance of the order can not be asserted.

3. Prices: 
Our prices are ex works or ex warehouse. They are without packaging, freight, postage, insurance or other expenses. Our list prices are subject to change. The calculation is based on the price valid on the day of the service or delivery. A return of the packaging is excluded. The prices are in euros. The sales tax is additionally calculated in the respective legal amount. 

4. Delivery:
All information on delivery times and dates are non-binding, unless expressly agreed otherwise in writing. The delivery period begins with the date of the order confirmation, but not before the provision of the documents to be procured by the customer. Permits, releases and before receipt of an agreed deposit. The delivery deadline is met if the delivery item has left the factory by the time the delivery has expired or the readiness for dispatch has been notified. The delivery period is extended – even with binding deadlines and dates and within a delay in delivery – in case of force majeure events. Force majeure shall be deemed to be strike, lock-out and other circumstances which make deliveries considerably more difficult or impossible, irrespective of circumstances, or join our suppliers. Force majeure shall be deemed in particular to be the case of our non-delivery or our insufficient supply by our upstream supplier. Operational disruptions and machine breakdown, destruction or damage to the delivery item release us from our obligation to deliver in whole or in part, without the customer being able to derive compensation claims from this.
The risk shall pass to the customer at the latest upon dispatch of the delivery items ex works or warehouse, even if partial deliveries are made, carriage paid delivery has been agreed or the supplier has other services, eg. B. has taken over the shipping costs or delivery and installation. The loading process from the place of delivery is part of the shipment. We are not liable for damages in transit, even if they are due to the type of packaging or attachment on the means of transport.
The purchaser has the right to check packaging and / or attachment prior to shipping the goods and / or to make them themselves. If offered or sold by us “freely loaded”, the costs of the actual charging exclusive of packaging material shall be borne by us but not the risk of being charged by the Buyer and included in normal transport insurance with regard to breakage or other damage to the purchased object , At the request of the purchaser, the consignment is insured by the supplier against theft, breakage, transport, fire and water damage as well as other insurable risks. If the shipment is delayed as a result of circumstances for which the purchaser is responsible, the risk shall pass from the day of readiness for shipment to the purchaser, however, the supplier is obliged to effect the insurance requested by the customer at the request and expense of the customer. Partial deliveries are permitted.
A return of goods is only possible with the prior consent of the supplier. For the return of stored goods a discount of 20% is charged. For goods from special order there is basically no possibility to take back. 

5. Terms of payment:
Our invoices for machines and tools are payable in cash and without any deduction within the agreed time limit, regardless of whether the object of purchase has arrived at the place of destination or whether there are any further complaints. If special agreements have not been made with used machines, the invoice amounts are always due for payment before the goods are dispatched, but no later than 30 days after delivery, if for any reason beyond our control pickup and payment of the goods during this period has not taken place should be. Money orders, checks and bills of exchange are only accepted by special agreement and only on account of payment, but not to the place of fulfillment under calculation of all collection charges; the onward transmission and prolongation are not considered fulfillment. Discount charges are charged to the buyer. In the case of payment of foreign currency, the obligation to pay is only deemed to be fulfilled if the supplier has received the full amount of his invoice at his free disposal. This also applies to partial deliveries. In case of late or deferred payment, interest of 8% above the base rate will be charged from the due date. In the case of default with a payment obligation or the non-payment of a bill of exchange or check as well as upon announcement of circumstances, which question the payment and creditworthiness of the orderer, all our demands become immediately due in full payment, irrespective of previous deferral commitments or the term of bills of exchange or postdated checks. If the customer is in default of payment, we are entitled to pick up the delivered goods at the customer’s expense, without a withdrawal from the contract or a deadline in accordance with. § 326 BGB is required. The redemption is not considered a withdrawal from the contract. The customer already declares his consent to the return of the goods and authorizes us to take the goods away in his factory. The purchaser shall only be entitled to set-off, retention or reduction of our due payment claims, even if notice of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. so we are entitled to pick up the delivered goods at the customer’s expense, without a withdrawal from the contract or setting a deadline acc. § 326 BGB is required. The redemption is not considered a withdrawal from the contract. The customer already declares his consent to the return of the goods and authorizes us to take the goods away in his factory. The purchaser shall only be entitled to set-off, retention or reduction of our due payment claims, even if notice of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. so we are entitled to pick up the delivered goods at the customer’s expense, without a withdrawal from the contract or setting a deadline acc. § 326 BGB is required. The redemption is not considered a withdrawal from the contract. The customer already declares his consent to the return of the goods and authorizes us to take the goods away in his factory. The purchaser shall only be entitled to set-off, retention or reduction of our due payment claims, even if notice of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. The redemption is not considered a withdrawal from the contract. The customer already declares his consent to the return of the goods and authorizes us to take the goods away in his factory. The purchaser shall only be entitled to set-off, retention or reduction of our due payment claims, even if notice of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. The redemption is not considered a withdrawal from the contract. The customer already declares his consent to the return of the goods and authorizes us to take the goods away in his factory. The purchaser shall only be entitled to set-off, retention or reduction of our due payment claims, even if notice of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.

6. Retention of title:
Delivery is subject to retention of title. The delivery items or goods remain our property until payment of all our claims arising from the business relationship with the purchaser, regardless of the legal grounds, until all applicable bills of exchange and checks have been redeemed, even if the purchase price consists of the remuneration for specially designated claims , For current accounts, the reserved property is considered a security for our balance claim. If the co-ownership (property) of the supplier lapses through the connection, it is already agreed that the co-ownership (ownership) of the orderer in the unified object shall pass to the supplier in terms of value (invoice value).

During the period of retention of title, the purchaser must keep the object of purchase in proper condition and have necessary repairs carried out. He must insure the object of purchase against fire, water, theft and burglary with the proviso that the rights under the insurance are due to the supplier. If an insurance is not proven at the request of the supplier, he is entitled to insure the object of purchase at the expense of the customer.
If the object of purchase is seized by a third party, the customer must immediately inform the supplier by sending the seizure protocol and confirm the ownership of the supplier in writing to both the garnishee and the supplier. The consequences arising from the omission of this provision shall be borne by the buyer, as well as the costs incurred by the supplier by pursuing his claims. 

7. Liability for defects 

1. No warranty shall be accepted for damages that have arisen for the following reasons: 
Inappropriate or improper use, faulty installation or commissioning by the customer or third parties, natural wear, faulty or negligent treatment, unsuitable operating resources.

2. In order to undertake all repairs and replacement deliveries deemed necessary to the Supplier at its reasonable discretion, the Purchaser shall, after agreement with the Supplier, give the necessary time and opportunity, otherwise the Supplier is released from the liability for defects. The supplier is not obliged to remedy any defects as long as the buyer has not or only partially fulfilled his payment obligations. 

3. The warranty covers the free replacement of the parts in question. Costs for arrival and departure as well as travel time and release of our technicians as well as costs for a return of the device are not part of the guarantee obligation and shall be borne by the buyer. 

8. Statute of limitations:
All claims of the customer – for whatever legal reason – expire in 12 months. For damage claims, the statutory periods apply. They also apply to defects in a structure or to delivery items that have been used for a structure in accordance with their customary use and have caused its defectiveness. 

9. Place of performance: 
Place of fulfillment and jurisdiction is Göppingen. 

10. Liability of the contract: 
The above conditions form an essential part of the purchase. The contract remains binding even if individual provisions are ineffective.